Session Law

2014

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Chapter 273 AN ACT RELATIVE TO CHILDREN OF CORRECTION OFFICERS

     Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
     Section 26 of chapter 31 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the seventh and eighth paragraphs and inserting in place thereof the following 2 paragraphs:-
Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son’s or daughter’s name placed in the first position on the eligible list or, where applicable, in the first position on the reserve roster for appointment to such fire, police or correction service or fire alarm service if: (i) in the case of a firefighter, such firefighter while in the performance of the firefighter’s duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in the firefighter’s death; or (ii) in the case of a police officer, such police officer while in the performance of the police officer’s duties and as a result of an assault on the police officer’s person was killed or sustained injuries which resulted in the police officer’s death; or (iii) in the case of a correction officer, such correction officer, while in the performance of the correction officer’s duties and as a result of an assault on the correction officer’s person was killed or sustained injuries resulted in the correction officer’s death.
     Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son’s or daughter’s name placed on the eligible list or, where applicable, on the reserve roster for appointment to such fire, police or correction service or fire alarm service immediately below the names of disabled veterans as provided in the first paragraph; provided, however, that said firefighter, police officer or correction officer has been retired at a yearly amount of pension equal to the regular rate of compensation which the firefighter, police officer or correction officer should have been paid had the firefighter, police officer or correction officer continued in said service at the grade held at the time of retirement, pursuant to a special act of the legislature in which said firefighter, police officer or correction officer is determined to be permanently or totally disabled; and provided further that:
     (A)  in the case of a firefighter, such firefighter while in the performance of the firefighter’s duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire sustained injuries which resulted in the firefighter being permanently and totally disabled or sustained injuries which resulted in the firefighter being permanently disabled;
     (B)  in the case of a police officer, such police officer while in the performance of the police officer’s duties and as a result of an assault on the police officer’s person sustained injuries which resulted in the police officer being permanently and totally disabled; or
     (C)  in the case of a correction officer, such correction officer while in the performance of the correction officer’s duties and as a result of an assault on the correction officer’s person sustained injuries which resulted in the correction officer being permanently and totally disabled. Should more than 1 applicant be eligible for appointment pursuant to this paragraph, said applicants shall be ordered according to their respective standings.

Approved, August 8, 2014.